the governor orders a delay of california's first scheduled execution since january 2006 but if it doesn't happen this week it apparently won't happen this year. good evening i am frank summerville >> i am julie haynor. department of corrections has a brief window, just 3 hours to carry out the states first execution in five years. first the governor ordered wednesday's execution delayed for 45 hours. that makes the new date

thursday at 9:00 p.m. but one of the drugs used in the lethal injection process has an expiration date of friday meaning it could no longer be used what is more the company that makes the drugs said it is having production problems and can't delive any new shipments until early next year. debra has been sorting this all out and live at san quentin with details. >> reporter: the jailers here say the prison stands ready for that new execution time, thursday at 9 but with the use by date looming on those deadly drugs, it is a short window of time and there are many players still in the mix. albert brown raped a teenage girl almost 0 years ago using -- 30 years ago using her own shoe laces to strangle her his fate rests with the legal system no sooner had he lost in marin superior court today. >> mr. brown cannot prove he will suffer pain if executed under the current regulations.

>> reporter: than his advocates appealed higher federal courts being asked to step in too. >> almost 30,000 californians objected to the lethal injection regulations and almost all of those objections were ignored and serious problems with regulations remain. >> reporter: california's new lethal injection chamber allows a 3 drug combination, or one powerful sedative but the protocol is moot if execution is delayed into friday. that is the day san quentin's only stock of sedative expires. then the state's next chance to execute brown will come after the first of the year. >> now what the state is saying we will use the drug, a couple days before it expires, i think that raises some questions about whether the drug has the efficacy needed to be used in a humane execution. >> the chamber is prepared. >> reporter: san quentin's spokesman said the execution team is trained, briefed ready to move forward. >> we have drugs in place to

move forward with this execution and we are serving the -- surveying the land looking for drugs for executions in the future. >> reporter: mercy could come not just from the courts but governor schwarzenegger asked to grant brown clemency. he is pro death penalty but legal scholars note each case is different. >> governor's have all the facts in front of them and they know that they are the last line of defense and so, there are a lot of governor's that really really take this seriously. >> reporter: 50 people are already invited as witnesses to brown's execution. and he has already requested his last meal, porter house steak, baked potato, onion rings and 7 up. california isn't alone oklahoma and kentucky already

have delayed executions because of the shortage of the lethal injection drug. it is a bar wait it can be used to induce medical coma and renders condemned inmate unconscious the sole u.s. manufacture is an illinois drug maker they blame the shortage on production problems and observing joint accounts to its drugs being used for this. state ledge lay tores, emerged from a meeting just before 7:00 p.m. tonight to say they are close to a deal. they are not talking about how they plan to close a projected $19 billion short fall however one issue is definitely on the table. ktvus. ken wayne live at the state capital ken. >> frank lawmakers at the capital hoped to announce a budget deal but once again

negotiations came up short. >> back in the morning. >> reporter: done for today? >> done for today. >> democrat and republican leaders emerged around 7:00 p.m. tonight not quite finished with a deal that would end california's 89 day long budget impasse i they say they are close but not yet. >> 80 or 90% is a good percentage to use but obviously that left 10 or -- last 10 or 20% could be contentious. >> reporter: one big issue how to reform california osmoses sieve employee pension system. the state's largest union, to roll back some benefits. >> all sides recognize some pension reform has to take place and that that budget can't be solved in balance without necessary pension reform. >> reporter: republicans want to make more drastic cuts to state programs and balance the budget without raising taxes. senate majority leader says

that tactic can only go so far. >> cutting is necessary, cutting itself is not a virtue, beyond a certain line, we believe it is harmful to people and harmful to the economy to disinvest in california. >> the stakes in the impasse continue to grow by this friday commercial lenders may cut off the states credit card. still the governor says he is optimistic a deal will come soon. >> and so there is a lot of this ahead of us this week it will be a tough week for the legislators also and also for myself for our office to get all this done. >> reporter: leaders from the democratic and republic cook parties, senate -- republican parties senate and assembly will meet tomorrow one top lawmaker hopes to have a budget before the legislature for vote next week. in the latest ktvu field

poll californians are spreading the blame for the record delay in reaching the agreement. governor schwartzenneger received blame from 24%, 20% pinning it on democrats, 16% republicans. 25% blamed all three in the same vein the governor and legislature had abysmal approval ratings and an overwhelming number of people polled said california is heading in the wrong direction. 81% say the state is on the wrong track, 12% say california is going in the right direction. 7% offered no opinion. >> one of president obama's key aids may be leaving the white house. he is considering running for mayor in chicago. there is reports he will make a decision by friday. if emanuel is going to run he will have to decide soon and the president said he would be

a terrific mayor. he signed a $30 billion loan fund to help small businesses today. >> this law will do two big things, cut taxes, going to make more loans available for small business. it is a great victory for america's entrepreneurs. [ applause ] >> it is a great victory for america's entrepreneurs. >> the president used the moment to attack senate republicans who stalled the bill for months, it creates a $30 billion fund to create lending to small businesses having trouble to get loans and credit from banks. two of the country's largest low fare airlines moved toward a merger. southwest agreed to buy airtran. the acquisition would bring or expand southwest in 37 cities including new york, boston and atlanta which has the nations busiest airport. southwest says it will eliminate baggage fees airtran currently charges southwest says it hopes to close the deal

by 2012. the merger between united and continental got the go ahead from a judge in san francisco he refused to plan a preliminary injunction. they sued saying the merger will reduce competition united and continental said they hope the make the merger official friday. >> palo alto's hewlett packard owns 3 par, hp completed the acquisition today it won a bidding war earlier this month with rival dell for the fremont based data storage company. concerns about overseas banks and flurry of potential mergers pushed stocks lower. dow dropped 48 points nasdaq lost 11-dollar rose against the euro and yen adding to worries about competitiveness of u.s. products overseas. >> new express toll line along the is he knoll grade in east bay is causing confusion for drivers it debuted a week ago. some drivers say there are

plenty of problems that need to be fixed. >> reporter: travelling down southbound 680 some drivers found the new signs and road stripes are driving them crazy. >> like being in los angeles all of a sudden you are in a lane and can't get out because it is a double yellow. >> reporter: high occupancy toll lane or hot lane allows drivers to pay a toll to use the car pool lane. since owns last week there have been 1500 toll payers per day along the 14-mile stretch of interstate 680, 84 in is he knoll down to 224 in milpitas. complaints have come in about traffic jamconfusion. >> people were surprised and curious about the new signs, the new striping, pricing,. >> also the hot lane has only three exit points some drivers say those points don't correspond to where they need to go >> i think our money could be spent better. >> reporter: pro joint account officials say they are reviewing the route but changes

might be difficult in places with curves or overpasses too narrow to add an exit lane such as washington street intersection. >> exits and entry points have an 1800-foot merge lane next to them. you don't just get in get out immediately. so there are some limitations to where you can put them for safety reasons. >> reporter: project officials met with cal trans to review traffic data. delays on 680 have returned to normal levels some commuters give the express lane a green light. >> probably saved me 15 minutes somewhere along those lines to get to where i need to go. that is a fair assessment to me that i am willing to take. >> so, for 90-cents, i will do it in a heart beat. >> this is the first one in the bay area, there are more coming we want to make sure that we learn from the experience here for the rest of the bay area. >> reporter: transit officials say they will be monitoring the traffic flow along i-680 by the day and they do welcome public

input reporting from fremont. ktvu channel 2 news. we posted complete details about how that new 680 toll lane works and how much it costs look for the right now section at ktvu.com. four locations around the bay area had record heat today, find out which ones plus we will explain how these college competitors used the heat to their advantage tonight. >> meg whitman and gerry brown's first debate. what might happen that has some democrats worried. >> why target is facing accusations of endangering public health to cut costs.

and launched behindtheburner.com. we create and broadcast content and then distribute it across tv, the web, and via mobile. i even use the web to get paid. with acceptpay from american express open, we now invoice advertisers and receive payments digitally. and i get paid on average three weeks faster. booming is never looking for a check in the mail. because it's already in my email.

you are looking live at the bay bridge san francisco from our camera in emoryville where tonight even by the bay it is an unusually warm 76 degrees right now. the heat is still on elsewhere in the bay area as well after a day that saw temperatures over 100 degrees in some locations, four areas set new record highs for this day. santa rosa, 104 degrees, oakland airport set a record at 96, mountain view hit 94 and san francisco hit 93. we get more now from ktvus. maureen nailor live in fremont. >> reporter: a hot day turned into a warm night here in fremont it was a high of 92. right now it is roughly 75 to

78 degrees. many were out enjoying the heat after the sun went down. the fountains downtown san jose were busy with children. after the sunset temperature hovered around 9 a degrees. >> let's go, get down. >> reporter: the warm weather didn't deter this group of students from san jose university. >> intense. definitely intense but more and more intense it is the better for us. >> reporter: better because the group is practicing for an upcoming club competition in fullerton where it was a record 112 degrees. >> prepares us for where we are going downtown. hotter it is the better for us. >> reporter: it was 96 degrees in san jose 1 degree short of the record set in 1958. firefighters took extra precautions a rehab unit was brought in to provide water and shade for firefighters on this call, who wiretap 50 pounds of

equipment. the temperatures take a toll on the firefighters we need the extra staffing and also respond, a lot of crews and individuals to those calls to rotate them and keep them fresh. >> reporter: they brought in additional firefighters to staff two extra engines because of the increased risk of a wild land fire. in san jose many lounged on the grass. this couple enjoyed ice cream before dinner after returning from virginia. >> it was like 100 degrees then we just got back today and the afternoon we were surprised it was feeling similar to that here. >> i am fine with the heat. it is a lot better than back east. i am okay with it. >> pg&e said it put strain on equipment resulting in power outages in brent wood, walnut creek and san leandro. maureen nail or. the warm weather prompted bay area air quality regulators to have a spare the air day

tomorrow. smog and pollution will reach unhealthy levels. >> we've issued spare the air alert to remind people to protect health, car pool, take transit, work from home just try to reduce your time on the road. >> air quality officials say a spare the air day serves two purposes, first lets people know the air is unhealthy and encourages folks to reduce driving and surveys show people do indeed cut back on driving when there is an alert. we already showed you records from today. these are some other high temperatures red dots represent record temperatures but tomorrow inland they will be hotter, 101, 102 maybe more than that, antioch and liver more highs inland will actually be eclipsed. fog right off the coast temperatures tomorrow along the coast and bay, will come down just a hair. some body comes up, bunch of us go down. spare the air day again

tomorrow gradual cooling that is the weather story. still hot tomorrow no heat advisory, no red flag warning but it will be hot. fog out there right now, not quite to the avenues yet, not quite to the courthouse but should get there. the fog is so tight to the ground, it will not get inland. when i come back i will show you which days will be the hottest and when it will cool. the big heat hit los angeles has temperatures sored to an all time high one reading was 105 but that was before it got really hot downtown was a record of 113 degrees around noon. the city set up cooling centers and some for seniors were open until 9:00 p.m. this evening. a brush fire erupted in the city of thousand oaks in ventura county firefighters were on alert because of the heat is quickly got to work. three helicopters dropped water on the flames by early evening firefighters had a good handle

on it. >> governor schwarzenegger spoke bluntly about big oil support over the ballot initiative to suspend the climate change law. he said greed is motivating the backers of proposition 23. opponents of the climate change law say it will hurt business and kill off jobs. but the governor rejected that. >> does anyone really believe this company is out of the goodness of their black oil hearts are spending millions and millions of dollars, to predict jobs. >> proposition 23 would suspend climate change law until the states unemployment rate drops below 5.5% for four consecutive quarters which only happened three times in 30 years. tomorrow could be a crucial day in the california governor's race, most polls show meg whitman and gerry brown are in a dead heat. after all the ads and long distance sniping they will go

face to face in their first political debate. >> reporter: tomorrow night's debate, at uc davis an hour of real back and forth, no slick ads, no script. the debate between republican meg whitman and gerry brown could be decisive. bill whalen says even if few people see it live. >> these go viral. it goes on youtube and if there is a youtube moment that is around for the rest of the campaign. >> reporter: not only do candidates offer different solutions for problems they have different styles. whitman conservative politics and play it safe style, uc pearly's henry brady says that is because she is new to politics. she is highly disciplined but doesn't know that much about government she has to stay on message. >> gerry brown has a more liberal reputation and mouth so experienced and confident he

dares to speak stream of consciousness which some times gets him in trouble even with allies. >> he has a tendency to have bubble thoughts come out of his mouth such as comments about bill clinton and monica lewinsky. he will probably label whitman as a career politic. >> will he be unable to deal with pension reform. >> brown will likely paint whitman as a new comer who rarely voted who thinks she can run the state. >> she has to show she is exited to the public -- committed to the public service. >> both struggle with making a very real connection with voters gerry has always been fuzzy and out there and she has suffered from being the wealthy lady. this is a chance to look in the camera and connect to voters. >> another reason tomorrow night's debate could prove crucial, while election day is five weeks away, early voting, actually starts next week.

political editor, ktvu, channel 2 news. ktvu channel 2 is the only bay area television station where you can watch that debate live tomorrow evening beginning at 6:00 p.m. followed by a special edition of ktvu channel 2 news. a new push to more government access to encrypted e-mail while increased wire tapping will only lead to more security problems. >> new information about the san bruno pipeline explosion the problem just hours before the federal investigators are now looking into.

>> in san jose a hazardous materials team responded to a report of natural gas. workers at a bathroom remodeling company called bath fitters called the fire department. hazmat team found evidence of

sewer gas not natural gas the building was evacuated for several hours when the all clear was given one person complained of respiratory problems and treated at the scene. >> an alameda county judge issued a preliminary injunction ordering target stores to stop dumping hazardous material into california landfills it has required to be exposed of in specific ways to avoid harm to people and environment. district attorneys across the state accused target of ignoring laws to cut costs they say targets workers routinely toss corrosive materials and toxic chemicals into dumpsters. >> obama wants to expand wire tap on the internet. the idea fbi would be able to better track terrorists. but center for democracy and technology in san francisco says that would weaken security

overall and lead to trouble for businesses and banking. >> fbi is saying, we want trap doors, back doors built into some of the basic technology of the internet. it is going to be a second before the bad guys figure out how to exploit that as well. >> fbi points to attempted time square bombing adds an example for wire tap access exact details have not been revailed. stockton record newspaper reporting two soldiers ux one from stockton and one from connecticut were killed by a fellow service member in iraq. the the military has not told them any specific details, his mother said this was his first deployment to iraq he was married and had two young sons. defense department reported only that he and a man from connecticut died in a noncombat incident. jury convicted a drunk driver of multiple murder in the deaths of promising rookie

los angeles pitcher nick adenhart and two friends. prosecutors said 23-year-old andrew gallows spent hours drinking at three different bars the night of the crash in fullerton that killed adenhart in april last year the 22-year- old died hours after his 209 season debut -- 2009 season debut in which he pitched six scoreless innings. he could face 50 years to life in prison. >> washington dc judge delayed the trial of the man accused of killing federal intern san a levee his trial was supposed to start next week but gerald fisher said more time is needed to resolve several outstanding issues, judge fisher issued a gag order in the case. she was from modesto and disappeared 2001 her remains were found in a washington dc park one year later. pg&e is firing back how

they are disputing as serses it has more gas leaks than other pipeline operators. the battle these protestors are helping one teacher fight.

>> new information came to light about an equipment failure that could be linked to the san bruno disaster the pipeline that exploded originated in mill tee pas the pipe -- milpitas the pipelines power supply failed a few hours before the explosion. they want to know if that failure effected pg&es ability to regulate pressure. they also responded to a new pipeline gas regulation. a utility report says they have

six times more leaks than other operators but they says the not a fair comparison. >> since late last week pg&e has been excan you rating a pitt to get to a section of the failed pipeline. >> our goal this week is just to get inside the pipe, assess what is going on, and then go from there. >> reporter: pg&e contests reports it has six times the number of leaks than other major pipeline operators. >> we report everything from a pin hole leak to a third party dig in to regulators so we are trying to work with regulators on how are strict self- imposedded reporting standards compare with other pipeline utilities in the country. apples to apes comparison. >> -- apples to apples comparison. >> this measure is comprehensive, and targeted at reforming how utilities like pg&e maintain their pipeline.

>> reporter: the law would also require full disclosure. >> people want to know if they are living any where near one of these transmission lines and i believe they have a right to know. >> reporter: we need to learn from this, tragedy, and without doing this, i think we will make a big mistake. we can't afford another one. >> reporter: finally congress woman spear wants the san bruno section of the pipeline closed forever. >> >> the doors to california's state universities are about to reopen to new students csu officials plan to readmit up to 30,000 students for winter and spring semesters, budget cuts forced 23 campus system to reject all applications for 2010 spring term. but with the new budget on the horizon. csu officials are counting on 366 million in restored funding acceptance letters will be mailed out beginning monday. >> increase in laid off

educators in recent years could cost one oakland teacher money than just her job it might get her kicked out of the country. heather holmes live in oakland to explain. >> reporter: julie, immigration officials are looking into the case of evelyn francisco the oakland tech math teacher arrived here from the philippines ten years ago on a type of work visa that attracts thousands of foreign professionals to the bay area every year but at a time when so many americans are out of work, this time they may not be able to renew her visa. ♪ [ music ] >> reporter: that news has upset many oakland tech students and immigrant right advocates, they staged a noisy sit in. the protestors were hoping to make their case why the district should keep francisco a 10 year employee who teaches

ap statistics and geometry >> we are not going to find another one like her. >> reporter: after waiting more than two hours district spokesman troy flint told the group there would be no meeting and explained employers must seek out u.s. residents first before employing foreign residents and recent teacher layoffs mean there is a lot of potential american candidates. >> now the pool of teachers with specialized skills is bigger we have to see if there is just cause to renew the h 1 visa and keep this person on or whether there are domestic citizens to do this job. >> reporter: a last minute deal had been reached to keep her from being deported this week, that her visa will be renewed but only until december. >> that allows us more time to develop more standardization around policies and see if there is some way we can keep her in the classroom while remaining on the right side of federal immigration law. francisco was meeting with

her immigration attorney this evening and not available for comment students are not giving up continuing to collect signatures on this petition, to keep francisco in the classroom. reporting live tonight here in oakland. heather holmes ktvu channel 2 news. the british business man who recently bought segway has been found dead after an accident on his segway he fell off a cliff into a river riding one of the vehicles in northern england. he purchased it in december. while some people rave about them questions have been raised about the safety. >> jaycee dugard is writing her memoir but her publisher is not saying how much it is paying for her story. she is writing the book herself and it will be out next year. it will cover her life from her abduction in 1991 allegedly by phillip garrido to present day a judge halted legal proceedings against garrido last week because of concerns about his mental state.

new tougher penalties on the books tonight for some drunk drivers. the law that the governor signed today. more record heat today, a lot of records broken. it will be hot again tomorrow, i will show you which cities will be the hottest. >> was it real or imaged what a half dozen former military service members say they say in the sky over u.s. nuclear weapons facilities ( upbeat music playing )

i've had two heart attacks, the first in '91 and the second one in '06. in no time they discovered that i just needed a new heart-- a bypass was out of the question. i told them if i could get five more days with my family, then it was worth doing it. they saved my life. i feel like a new person. announcer: at sutter health, our story is you. for more stories, visit sutterhealth.org. governor swarding inner signed legislation -- schwarzenegger signed legislation to revoke a persons drivers license for 10 years instead of 3 years if a driver has had three dui convictions

in the last decade. the author of the law, gerry hill says as many as 10,000 drivers statewide could lose their licenses the law takes effect january 2012. nationally the number of people killed in traffic accidents is on pace to hit another record low. the u.s. department of transportation says during the first half of this year fewer than 15,000 people were killed in traffic accidents. 34,000 people were killed last year, the lowst number since 1950. auto safety experts say the economy increased seat belt use and safer new vehicles are driving down numbers. police in alameda are investigating the report of a sexual assault involving a student on her way to school. she was walking to school this morning when a man wearing a mask abducted her took her to a park and raped her she says when the man left she made her way to school, school officials say the student waited an hour or two before reporting the incident the school contacted police. in north korea a meeting of

the workers party given an indication who will succeed the country's ailing leader. his youngest son was promoted to rank of general in the army. this was the first time the son's name has been mentioned in the official media. his sister also is named as a general. in iran the government is denying reports that a cyber attack hit its just opened nuclear power plant but a computer worm, effects computers belonging to staff. western cyber experts say 60% of computers effected worldwide are in iran the attack was so sophisticated and large it could only have been conducted by a government. in afghanistan, general pay reus patreus says they have launched

a offensive around kandahar. seven americans have been killed in that area so far this month. irs will not be mailing tax forms to your home next year. 96 million people filed taxes online last year. 20 million filled out paper forms but the irs says only 11 million of those were forms sent through the mail. the irs expects to save $10 million in printing costs paper forms will still be available at libraries and post offices. actress gloria stuart who achieved her break through movie role, 60 years after she began acting died. she is best known for her portrayal of elder rose in 1997, block buster titanic for which she was nominated for an academy award she appeared in more than 40 films she was a well respected painter and culp tour she died in her -- sculptor she died in her sleep

yesterday in her home in los angeles, she was 100 years old. >> why some san franciscosupervisors are not happy with mcdonald's happy meals. >> sweating his five day forecast, when you can expect cooler weather in your neighbourhood

happy meals won a reprieve they postponed a vote until at least next week on a measure to take toys out of restaurant meals that may be unhealthy for kids. david stevenson explains the controversy. >> reporter: happy meals went on trial in san francisco. >> these toys used too often as incentives to lure and entice children to the meals. >> the toy that comes in that unhealthy happy meal there comes a price. >> reporter: land use and

economic development committee heard from consumers and mcdonald's executives on a proposal to ban restaurants from selling meals with toys like these unless the food meets certain nutritional standards. >> meals must contain fruits and vegetables, not exceed 600 calories and not have beverages with excessive sugar. they use these toys to lure low income children into diets high in sugar, fat and salt. >> youth in my community are getting diseases at younger and younger ages. >> we can use it to promote better health. >> reporter: mcdonald's corporation flew in executives to out the what they described as healthier menu options and oppose the measure. >> i am a parent i diseed what my children will eat and what toy or the environment will be. banning or putting legislation

that undermines what parents choices are we believe are wrong. >> reporter: scott owns ten of san franciscos 19 mcdonald's restaurants he calls the legislation proof of the city's misplaced priorities. >> with limited resources our city has we should be focused on public safety program that works, muni that runs on time. >> reporter: california restaurant association indicated it may take the measure to court if board of supervisors masses it next month. mayor gavin newsom's office calls it ineffective and says he will veto it. david stevenson, ktvu channel 2 news. >> several former airforce officers came forward to tell their stories of close encounters with aliens in washington dc they relayed their recollections about ufos appears near u.s. nuclear missile facilities decades ago when failures occurred >> looked like an eye with bright red, dark center appeared to be

winking and it was shedding something like momenten metal. >> organizers of the briefing say 120 now retired service members reported sightings from the 60s until 2007. berkley face cyst who was a top advisor on nuclear matters say they likely saw things they couldn't explain and the popularity of ufo stories at the time probably clouded perception. another company is taking a play out of apples playbook. the playbook is the name research in motion gave its new tablet computer for blackberry users they unvailed the device today and say it will go on sale early next year it is smaller than apples popular ipad and has cameras in the front and back. research in motion says it will cost about the same as an ipad. google marked its 12th anniversary today, its home page featured a cake with one candle. google considers september its birthday month since many

founding events occurred during september 1998 but google said it figured this was a good day to celebrate and stock did well today as well. at the close of trading, google was selling for $530. 41-cents per share. right now tracking fog, about 30 miles off san franciscos ocean beach. i will show you about where it is. that fog lingering just offshore winds northwest so it is going to pull that fog right into the ocean beaches tonight. i have reports from half moon bay and pacifica of very dense fog the last few mornings so because it is so compact, visibility is greatly reduced. highway one, you get the picture tomorrow morning it will be down on the deck. that is why it will be hot inland the fog is so tight to the coast it will not get into the inland bay valleys, on the mild side, 60 fremont, 60 mountain view, san jose

morganville, 61, kind of cool high pressure weakening it is another spare the air day tomorrow it will be hot inland in some cases hotter inland than it was today. and then coast side and bay side, sea breeze picking up we will see temperatures trend down a little bit, maybe as much as 5 and 8 degrees. forecast tomorrow san francisco downtown this is the model putting out a number, around 5, san jose around 96 concord 100. that is not much of a diversion from what we had today very similar temperatures, a little cooler coast, a little warmer inland that is what we have been talking about slow slow cooling trend as you move through the micro climates, mid- 90s. bad air quality, 100s as you head out toward antioch, brent wood, liver more 101, 102 another hot day especially inland 101 clear lake, 99 napa, san raphael a number of records

today temperatures tomorrow will not be that far off from today a little cooler alameda. 91 hayward, forecast high, santa clara valley this is where your bad air quality is. two places worries about spare the air days out in the liver more valley and santa clara valley where the ozone concentrations are the highest. hopefully you can car pool, take it easy, don't exert yourself. forecast highs through the next five days, coming down but a slow cooling trend. hot again inland. ght along the coast, fog real dense sun will come out a little bit like today and then go away tomorrow night and then more fog subsequently each day and cooling will progress by the end of the week. >> fog will feel mighty nice. >> it will. >> thanks phil. >> prosecution and defense today rushed to their cases in a drug conspiracy trial involving the late play boy model anna nicole smith. her boyfriend and two doctors

are accused with providing her with large quantities of opiates and sedatives knowing she was an addict. the jury could get the case next week. smith died three years ago with a drug over dose ruled accidental. >> mcarthur foundation naming 23 individual who is will receive this year's genius grant they come with a half million dollar prize no strings attached three bay area people are among them. an economist at berkley, a computer security specialist also from berkly and representing stanford, a population geneticist. >> plus the ride of his life why a firefighter is biking from canada to mexico.

a canadian firefighter road his bike through san francisco today on his three country, three cancers mission. rudy is bicycling from canada to mexico to raise money for breast, prostate, pan creatic cancer research he has been inspired by strangers including a young woman who works at

mcdonald's who gave him $250 his mother -- $50. his mother father and brother all have had cancer >> mark is here with sports just a couple games left but things are looking good with the giants. >> everybody wanted to talk about football but tonight baseball. not only do they enjoy a day off before cranking it up against the d backs tomorrow night at at&t but the lead in the west goes by another half game padres go down to the cubs in san diego. big emotional right-hander gave the giants nothing last week at wrigley, returns the favour tonight. 7 innings, to runs, 3 hits the only run delivered by a former giant. dewit. rbi single in the 7th. holds up, 1-0. giants lead san diego by 1 game, each team giants and padres, with 6 left to play. as playing out in disneyland

tonight. as and angels fighting it out, second place. the phantom bee any with the bases loaded, it did not hit him allow it is go ahead run to come in. 6-5 angels. seemingly, wearing out his welcome by the minute, 49ers coach, mike singletary feeling the heat to do something since a great quarterback is not likely to appear magically before them after a sleepless night watching game footage of three straight losses decides the first of possibly several changes is fire offensive coordinator jimmy ray he is gone and in steps mike johnson who singletary calls a visionary. >> but when you are searching for an answer, some times you can look at it in a different way and you are looking for something specific and it is really difficult to put your finger on but you see it. and it is hard to describe, but

it is there. >> i tell you there will always be a soft spot in the hearts of fans who grew up watching real raider football and a man who never missed a clutch kick. george blandin. not only a true raider legend he died today after a brief illness incredibly he played nfl football at full tilt until the age of 49. known for his skills not only as a quarterback but a place kicker, as well as he was right in the middle of many a sensational last second come backs by the oakland glory teams, hall of famer in every way, dead at the age of 83. slipping under the radar, the warriors new coach introduced to the media, keith smart, new but certainly familiar as he served as assistant coach for golden state taking over nor don nelson a man he calls

mentor and friend. >> he is as happy for me as i am for myself because he really wanted me to be in this position. he has been my biggest supporter you couldn't have asked for a better situation than what i have now. >> all right they are having fun again in chicago with the bears. monday night winners, 20-17 over the packers, chicago, 3 and 0 green bay slipping to 2 and 1 that is the sporting lion for a monday night giants against arizona tomorrow, 3 with them, 3 with padres over the weekend. >> good six games. thank you mark. >> before we go, one more twist tonight involving this week's scheduled execution at san quentin we just received word into the newsroom a federal appeals court told a federal judge to reconsider his ruling that paves a way for california's first execution in almost five years 9th circuit court of appeals said judge

foglerred giving brown a choice between two methods of lethal injection the appeals court says that choice put an undue burden on the inmate now the judge has to schedule a new hearing, brown's execution is scheduled this thursday, obviously much more on this story coming up tomorrow on the morning news and mornings on 2. that is our 10:00 p.m. news tonight i am frank somerville. >> i am julie haynor. good night